2.__Eligibility for guardianship subsidy payments.__Subject to rules adopted by the department, the department may provide through the program subsidies for a special needs child who is placed in a permanency guardianship or in a similar status by a Native American tribe, when reasonable but unsuccessful efforts have been made to place the child without guardianship subsidies, if the child would not otherwise be placed in a permanency guardianship without the assistance of the program.

3.__Assistance with legal costs.__The department shall, subject to rules adopted by the department, reimburse a prospective permanency guardian of a special needs child for legal expenses incurred by the permanency guardian for legal costs to complete the permanency guardianship legalization, capped at $400.

4.__Definition of "special needs child."__For purposes of this section, a "special needs child" means a child who:

A.__Has a physical, mental or emotional handicap that makes placement difficult;

B.__Has a medical condition that makes placement difficult;

C.__Is a member of a sibling group that includes at least one member who is difficult to place;

D.__Is difficult to place because of age or race;

E. Has been a victim of physical, emotional or sexual abuse or neglect that places the child at risk for future emotional difficulties; or

F.__Has in the family background factors such as severe mental illness, substance abuse, prostitution or genetic or medical conditions or illnesses that place the child at risk for future problems.

5.__Amount of guardianship subsidy.__The amount of a guardianship subsidy under the program may vary depending upon the resources of the permanency guardian and the special needs of the child as well as the availability of other resources but may not exceed the total cost of caring for the child if the child